and proved_, 1764, reprinted London, p. 106.]
[Footnote 105: _Cf._ Wells, _The Life and Public Services of Samuel
Adams_, I, Boston, 1865, pp. 502-507; Laboulaye, II, p. 171.]
[Footnote 106: The entire text reproduced in Story, _Commentaries on the
Constitution of the United States_, 3d ed., I, pp. 134 _et seq._]
[Footnote 107: The heading of the bill of rights reads: "A declaration
of rights made by the representatives of the good people of Virginia,
assembled in full and free convention; which rights do pertain to them
and their posterity, as the basis and foundation of government."]
CHAPTER IX.
THE RIGHTS OF MAN AND THE TEUTONIC CONCEPTION OF RIGHT.
In conclusion there remains still one question to answer. Why is it that
the doctrine of an original right of the individual and of a state
compact, arising as far back as the time of the Sophists in the ancient
world, further developed in the mediaeval theory of Natural Law, and
carried on by the currents of the Reformation,--why is it that this
doctrine advanced to epoch-making importance for the first time in
England and her colonies? And in general, in a thoroughly monarchical
state, all of whose institutions are inwardly bound up with royalty and
only through royalty can be fully comprehended, how could republican
ideas press in and change the structure of the state so completely?
The immediate cause thereof lies clearly before us. The antagonism
between the dynasty of the Stuarts, who came from a foreign land and
relied upon their divine right, and the English national conceptions of
right, and also the religious wars with royalty in England and Scotland,
seem to have sufficiently favored the spreading of doctrines which were
able to arouse an energetic opposition. Yet similar conditions existed
in many a Continental state from the end of the sixteenth to the middle
of the seventeenth century. There, too, arose a strong opposition of the
estates to royalty which was striving more and more towards absolutism,
fearful religious wars broke out and an extensive literature sought with
great energy to establish rights of the people and of the individual
over against the rulers. The revolutionary ideas on the continent led it
is true in France to regicide, but there was nowhere an attempt made at
a reconstruction of the whole state system. Locke's doctrines of a Law
of Nature appear to have had no influence at all outside of England. The
Continental do
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